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The fairness of a trial-by-newspaper, of course, depends on how closely a news organization apes the practices of official courts. Fairness requires it to consider not only the statements and evidence of the accuser, but that of the accused, no matter how heinous the charge. By that measure, the New York Times has failed the two Duke University lacrosse players who were indicted Tuesday of raping a woman during a party in an off-campus house on March 13.